Full Text of HB1458 097th General Assembly
HB1458enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Power Agency Act is amended by | 5 | | changing Section 1-10 as follows:
| 6 | | (20 ILCS 3855/1-10)
| 7 | | Sec. 1-10. Definitions. | 8 | | "Agency" means the Illinois Power Agency. | 9 | | "Agency loan agreement" means any agreement pursuant to | 10 | | which the Illinois Finance Authority agrees to loan the | 11 | | proceeds of revenue bonds issued with respect to a project to | 12 | | the Agency upon terms providing for loan repayment installments | 13 | | at least sufficient to pay when due all principal of, interest | 14 | | and premium, if any, on those revenue bonds, and providing for | 15 | | maintenance, insurance, and other matters in respect of the | 16 | | project. | 17 | | "Authority" means the Illinois Finance Authority. | 18 | | "Clean coal facility" means an electric generating | 19 | | facility that uses primarily coal as a feedstock and that | 20 | | captures and sequesters carbon emissions at the following | 21 | | levels: at least 50% of the total carbon emissions that the | 22 | | facility would otherwise emit if, at the time construction | 23 | | commences, the facility is scheduled to commence operation |
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| 1 | | before 2016, at least 70% of the total carbon emissions that | 2 | | the facility would otherwise emit if, at the time construction | 3 | | commences, the facility is scheduled to commence operation | 4 | | during 2016 or 2017, and at least 90% of the total carbon | 5 | | emissions that the facility would otherwise emit if, at the | 6 | | time construction commences, the facility is scheduled to | 7 | | commence operation after 2017. The power block of the clean | 8 | | coal facility shall not exceed allowable emission rates for | 9 | | sulfur dioxide, nitrogen oxides, carbon monoxide, particulates | 10 | | and mercury for a natural gas-fired combined-cycle facility the | 11 | | same size as and in the same location as the clean coal | 12 | | facility at the time the clean coal facility obtains an | 13 | | approved air permit. All coal used by a clean coal facility | 14 | | shall have high volatile bituminous rank and greater than 1.7 | 15 | | pounds of sulfur per million btu content, unless the clean coal | 16 | | facility does not use gasification technology and was operating | 17 | | as a conventional coal-fired electric generating facility on | 18 | | June 1, 2009 (the effective date of Public Act 95-1027). | 19 | | "Clean coal SNG facility" means a facility that uses a | 20 | | gasification process to produce substitute natural gas, that | 21 | | sequesters at least 90% of the total carbon emissions that the | 22 | | facility would otherwise emit and that uses petroleum coke or | 23 | | coal as a feedstock, with all such coal having a high | 24 | | bituminous rank and greater than 1.7 pounds of sulfur per | 25 | | million btu content. | 26 | | "Commission" means the Illinois Commerce Commission. |
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| 1 | | "Costs incurred in connection with the development and | 2 | | construction of a facility" means: | 3 | | (1) the cost of acquisition of all real property and | 4 | | improvements in connection therewith and equipment and | 5 | | other property, rights, and easements acquired that are | 6 | | deemed necessary for the operation and maintenance of the | 7 | | facility; | 8 | | (2) financing costs with respect to bonds, notes, and | 9 | | other evidences of indebtedness of the Agency; | 10 | | (3) all origination, commitment, utilization, | 11 | | facility, placement, underwriting, syndication, credit | 12 | | enhancement, and rating agency fees; | 13 | | (4) engineering, design, procurement, consulting, | 14 | | legal, accounting, title insurance, survey, appraisal, | 15 | | escrow, trustee, collateral agency, interest rate hedging, | 16 | | interest rate swap, capitalized interest and other | 17 | | financing costs, and other expenses for professional | 18 | | services; and | 19 | | (5) the costs of plans, specifications, site study and | 20 | | investigation, installation, surveys, other Agency costs | 21 | | and estimates of costs, and other expenses necessary or | 22 | | incidental to determining the feasibility of any project, | 23 | | together with such other expenses as may be necessary or | 24 | | incidental to the financing, insuring, acquisition, and | 25 | | construction of a specific project and placing that project | 26 | | in operation. |
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| 1 | | "Department" means the Department of Commerce and Economic | 2 | | Opportunity. | 3 | | "Director" means the Director of the Illinois Power Agency. | 4 | | "Demand-response" means measures that decrease peak | 5 | | electricity demand or shift demand from peak to off-peak | 6 | | periods. | 7 | | "Energy efficiency" means measures that reduce the amount | 8 | | of electricity or natural gas required to achieve a given end | 9 | | use. | 10 | | "Electric utility" has the same definition as found in | 11 | | Section 16-102 of the Public Utilities Act. | 12 | | "Facility" means an electric generating unit or a | 13 | | co-generating unit that produces electricity along with | 14 | | related equipment necessary to connect the facility to an | 15 | | electric transmission or distribution system. | 16 | | "Governmental aggregator" means one or more units of local | 17 | | government that individually or collectively procure | 18 | | electricity to serve residential retail electrical loads | 19 | | located within its or their jurisdiction. | 20 | | "Local government" means a unit of local government as | 21 | | defined in Article VII of Section 1 of the Illinois | 22 | | Constitution. | 23 | | "Municipality" means a city, village, or incorporated | 24 | | town. | 25 | | "Person" means any natural person, firm, partnership, | 26 | | corporation, either domestic or foreign, company, association, |
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| 1 | | limited liability company, joint stock company, or association | 2 | | and includes any trustee, receiver, assignee, or personal | 3 | | representative thereof. | 4 | | "Project" means the planning, bidding, and construction of | 5 | | a facility. | 6 | | "Public utility" has the same definition as found in | 7 | | Section 3-105 of the Public Utilities Act. | 8 | | "Real property" means any interest in land together with | 9 | | all structures, fixtures, and improvements thereon, including | 10 | | lands under water and riparian rights, any easements, | 11 | | covenants, licenses, leases, rights-of-way, uses, and other | 12 | | interests, together with any liens, judgments, mortgages, or | 13 | | other claims or security interests related to real property. | 14 | | "Renewable energy credit" means a tradable credit that | 15 | | represents the environmental attributes of a certain amount of | 16 | | energy produced from a renewable energy resource. | 17 | | "Renewable energy resources" includes energy and its | 18 | | associated renewable energy credit or renewable energy credits | 19 | | from wind, solar thermal energy, photovoltaic cells and panels, | 20 | | biodiesel, anaerobic digestion, crops and untreated and | 21 | | unadulterated organic waste biomass, tree waste, hydropower | 22 | | that does not involve new construction or significant expansion | 23 | | of hydropower dams, and other alternative sources of | 24 | | environmentally preferable energy. For purposes of this Act, | 25 | | landfill gas produced in the State is considered a renewable | 26 | | energy resource. "Renewable energy resources" does not include |
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| 1 | | the incineration or burning of tires, garbage, general | 2 | | household, institutional, and commercial waste, industrial | 3 | | lunchroom or office waste, landscape waste other than tree | 4 | | waste, railroad crossties, utility poles, or construction or | 5 | | demolition debris, other than untreated and unadulterated | 6 | | waste wood. | 7 | | "Revenue bond" means any bond, note, or other evidence of | 8 | | indebtedness issued by the Authority, the principal and | 9 | | interest of which is payable solely from revenues or income | 10 | | derived from any project or activity of the Agency. | 11 | | "Sequester" means permanent storage of carbon dioxide by | 12 | | injecting it into a saline aquifer, a depleted gas reservoir, | 13 | | or an oil reservoir, directly or through an enhanced oil | 14 | | recovery process that may involve intermediate storage in a | 15 | | salt dome. | 16 | | "Servicing agreement" means (i) in the case of an electric | 17 | | utility, an agreement between the owner of a clean coal | 18 | | facility and such electric utility, which agreement shall have | 19 | | terms and conditions meeting the requirements of paragraph (3) | 20 | | of subsection (d) of Section 1-75, and (ii) in the case of an | 21 | | alternative retail electric supplier, an agreement between the | 22 | | owner of a clean coal facility and such alternative retail | 23 | | electric supplier, which agreement shall have terms and | 24 | | conditions meeting the requirements of Section 16-115(d)(5) of | 25 | | the Public Utilities Act. | 26 | | "Substitute natural gas" or "SNG" means a gas manufactured |
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| 1 | | by gasification of hydrocarbon feedstock, which is | 2 | | substantially interchangeable in use and distribution with | 3 | | conventional natural gas. | 4 | | "Total resource cost test" or "TRC test" means a standard | 5 | | that is met if, for an investment in energy efficiency or | 6 | | demand-response measures, the benefit-cost ratio is greater | 7 | | than one. The benefit-cost ratio is the ratio of the net | 8 | | present value of the total benefits of the program to the net | 9 | | present value of the total costs as calculated over the | 10 | | lifetime of the measures. A total resource cost test compares | 11 | | the sum of avoided electric utility costs, representing the | 12 | | benefits that accrue to the system and the participant in the | 13 | | delivery of those efficiency measures, as well as other | 14 | | quantifiable societal benefits, including avoided natural gas | 15 | | utility costs, to the sum of all incremental costs of end-use | 16 | | measures that are implemented due to the program (including | 17 | | both utility and participant contributions), plus costs to | 18 | | administer, deliver, and evaluate each demand-side program, to | 19 | | quantify the net savings obtained by substituting the | 20 | | demand-side program for supply resources. In calculating | 21 | | avoided costs of power and energy that an electric utility | 22 | | would otherwise have had to acquire, reasonable estimates shall | 23 | | be included of financial costs likely to be imposed by future | 24 | | regulations and legislation on emissions of greenhouse gases.
| 25 | | (Source: P.A. 95-481, eff. 8-28-07; 95-913, eff. 1-1-09; | 26 | | 95-1027, eff. 6-1-09; 96-33, eff. 7-10-09; 96-159, eff. |
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| 1 | | 8-10-09; 96-784, eff. 8-28-09; 96-1000, eff. 7-2-10.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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